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Former Bechtel exec wins appeal, can claim $11.8M share loss as tax deduction
Appeals 2020-03-04 5:15 pm By Miklos Bolza Sydney

A former executive of engineering giant Bechtel will be allowed to deduct over $11.8 million in share losses from his taxable income after successfully challenging a ruling to the Full Federal Court, in a decision that clarifies taxation law for income and capital regarding asset trades.

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Clive Palmer’s company takes another shot at shutting down class action
Alexander Law 2020-03-03 12:07 pm By Cat Fredenburgh Melbourne

A company owned by Clive Palmer is appealing a ruling that denied its bid to temporarily block funding for a class action over the troubled Coolum Palmer Resort.

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ACCC says court must shut down Garuda appeal for ‘deliberate and willful’ $19M fine dodge
ACCC 2020-03-02 10:07 pm By Miklos Bolza Sydney

The ACCC has asked for an interim stay of an appeal by Indonesian airline Garuda, which has yet to pay a $19 million penalty for airline price fixing, telling the court it wanted to give the company another chance to explain its “entirely exceptional” non-compliance.

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Sunwater to join challenge to Queensland floods class action victory
Appeals 2020-02-28 6:13 pm By Cat Fredenburgh

Dam operator Sunwater will join an appeal of a victory in a class action filed on behalf of victims of the 2011 Queensland floods, despite pleas from the firm running the case and the State of Queensland that insurers for the dam operators let the ruling stand.

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BP worker fired over Hitler parody video to be reinstated after win on appeal
Appeals 2020-02-28 4:50 pm By Miklos Bolza Sydney

A refinery worker sacked by BP over a parody Hitler video has won his job back after a Fair Work Commission appeals panel overturned a prior decision upholding his dismissal, finding that the clip he shared was not offensive or inappropriate.

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Deloitte partners can’t dodge production order after ‘outrageous’ removal of audit files, Full Court says
Alan Shearer 2020-02-27 10:00 am By Miklos Bolza Melbourne

Deloitte has lost its appeal of a ruling in a shareholder class action over the collapse of Hastie Group that compelled the production of audit files taken by a partner from the accounting giant’s litigation room, in a ruling that described the actions of the partner as “bordering on contempt” and slammed Deloitte for “cynically” exploiting the situation.

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Privileges of partnership: Deloitte to learn fate of challenge to production order in Hastie class action
Alan Shearer 2020-02-26 1:40 pm By Christine Caulfield Melbourne

A ruling is expected Thursday in an appeal by the partnership of Deloitte over the production of audit files that were apparently stolen from the accounting giant’s litigation room, a high-stakes decision that will clarify the limits of a partnership’s right to claim privilege against self-incrimination.

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Geowash execs appeal loss in ACCC case
ACCC 2020-02-25 12:30 pm By Cat Fredenburgh Melbourne

Two Geowash executives have appealed a ruling that found they were knowingly involved in the car wash franchisor’s unconscionable conduct in its dealings with franchisees.

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AFP agrees to keep eyes off seized files while ABC mulls appeal
ABC 2020-02-24 9:09 pm By Christine Caulfield Melbourne

The Australian Broadcasting Corporation has secured a short-lived agreement by the Australian Federal Police not to look at the material seized in a controversial raid on the national broadcaster’s headquarters as it considers whether to take its battle with the agency to an appeals court.

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No harm, no foul? Full Court weighs ACCC challenge to flushable wipes ruling
ACCC 2020-02-24 5:58 pm By Miklos Bolza Sydney

The ACCC claims it was not required to prove Kimberly-Clark’s flushable wipes caused actual harm to sewers, as it challenges a ruling that disposed of its consumer law case against the personal care giant.

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